In analyzing whether you have a good medical malpractice case, we’ll look at three issues:
1. Did the Doctor Make an Inexcusable Mistake?
It is not enough in a medical malpractice case to prove that a doctor made a mistake. Some mistakes are excusable and are not medical malpractice.
For example, during a surgery, a doctor may accidentally cut something he didn’t intend to cut. This is probably medical malpractice, but in some cases may be an excusable mistake, and therefore not medical malpractice.